View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0295........................................................by WAYS AND MEANS
OUTFITTERS AND GUIDES BOARD - Amends existing law to authorize the Outfitters
and Guides Licensing Board to obtain injunctive relief for violations; to
provide for injunctive relief against violators; to provide regulatory
jurisdiction over former licensees for violations which occurred during the
period of licensure; to revise penalties; and to revise limitations of
actions.
02/24 House intro - 1st rdg - to printing
02/25 Rpt prt - to Res/Con
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
02/28 3rd rdg - PASSED - 63-0-7
AYES -- Andersen, Barrett, Bauer, Bedke, Bell, Bieter, Black, Block,
Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy,
Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(23),
Garrett, Harwood, Henbest, Jaquet, Jones, Kulczyk, Lake, Langford,
Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,
Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts, Robison,
Rydalch, Sali, Sayler, Shepherd, Shirley, Skippen, Smith(30), Smith(24),
Smylie, Snodgrass, Stevenson, Tilman, Wills, Wood
NAYS -- None
Absent and excused -- Barraclough, Field(18), Gagner, Kellogg, Schaefer,
Trail, Mr. Speaker
Floor Sponsor - Moyle
Title apvd - to Senate
03/03 Senate intro - 1st rdg - to Res/Env
03/19 Rpt out - rec d/p - to 2nd rdg
03/20 2nd rdg - to 3rd rdg
03/24 3rd rdg - PASSED - 28-2-5
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Compton, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Little, Lodge,
Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson,
Schroeder, Stegner, Stennett, Sweet, Werk
NAYS -- Cameron, Darrington
Absent and excused -- Calabretta, Davis, Keough, Sorensen, Williams
Floor Sponsor - Kennedy
Title apvd - to House
03/25 To enrol
03/26 Rpt enrol - Sp signed
03/27 Pres signed
03/28 To Governor
04/02 Governor signed
Session Law Chapter 205
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 295
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO OUTFITTERS AND GUIDES; AMENDING SECTION 36-2107, IDAHO CODE, TO
3 AUTHORIZE THE BOARD TO OBTAIN INJUNCTIVE RELIEF FOR VIOLATIONS AND TO
4 PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 36-2113, IDAHO CODE, TO PRO-
5 VIDE REGULATORY JURISDICTION OVER FORMER LICENSEES FOR VIOLATIONS WHICH
6 OCCURRED DURING THE PERIOD OF LICENSURE AND TO MAKE TECHNICAL CORRECTIONS;
7 AND AMENDING SECTION 36-2117A, IDAHO CODE, TO PROVIDE FOR INJUNCTIVE
8 RELIEF AGAINST VIOLATORS, TO REVISE THE LIMITATION OF ACTIONS, TO REVISE
9 PENALTIES AND TO PROVIDE CORRECT TERMINOLOGY.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 36-2107, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 36-2107. POWERS AND DUTIES OF BOARD. The board which may by written
14 agreement authorize the bureau of occupational licenses as agent to act in its
15 interest, shall have the following duties and powers:
16 (a) To conduct examinations to ascertain the qualifications of applicants
17 for outfitter's or guide's licenses, and to issue such licenses to qualified
18 applicants, with such restrictions and limitations thereon as the board may
19 find reasonable.
20 (b) To prescribe and establish rules of procedure to carry into effect
21 the provisions of this act chapter including, but not limited to, rules pre-
22 scribing all requisite qualifications of training, experience, knowledge of
23 rules of governmental bodies, condition and type of gear and equipment, exami-
24 nations to be given applicants, whether oral, written or demonstrative, or a
25 combination thereof.
26 (c) To conduct hearings and proceedings to suspend, revoke or restrict
27 the licenses of outfitters or guides, and to suspend, revoke or restrict said
28 licenses for due cause in the manner hereinafter provided.
29 (d) The board is expressly vested with the power and the authority to
30 enforce the provisions of this chapter including obtaining injunctive relief
31 and to make and enforce any and all reasonable rules which shall by it be
32 deemed necessary and which are not in conflict with the provisions of this
33 chapter, for the express purpose of safeguarding the health, safety, welfare
34 and freedom from injury or danger of those persons utilizing the services of
35 outfitters and guides, and for the conservation of wildlife and range
36 resources.
37 (e) The board shall have the power to cooperate with the federal and
38 state government through its appropriate agency or instrumentality in matters
39 of mutual concern regarding the business of outfitting and guiding in Idaho.
40 (f) The board shall have the power throughout the state of Idaho to
41 request the attendance of witnesses and the production of such books, records
42 and papers as may be required at any hearing before it, and for that purpose
43 the board may request a district court to issue a subpoena for any witness or
2
1 a subpoena duces tecum to compel the production of any books, records or
2 papers. Subpoenas shall be directed to the sheriff of any county in the state
3 of Idaho where such witness resides or may be found. Subpoenas shall be served
4 and returned in the same manner as subpoenas in a criminal case. The fees and
5 mileage of the sheriff and witnesses shall be the same as that allowed in dis-
6 trict court criminal cases, which fees and mileage shall be paid from any
7 funds in the state treasury available therefor in the same manner as other
8 expenses of the board are paid. Disobedience of any subpoena issued by the
9 district court or the refusal by any witness in failing to testify concerning
10 any matter regarding which he may lawfully be interrogated, or the failure to
11 produce any books, records or papers shall constitute a contempt of the dis-
12 trict court of any county where such disobedience or refusal occurs, and said
13 court, or any judge thereof, by proceedings for contempt in said court, may,
14 if such contempt be found, punish said witness as in any other case of disobe-
15 dience of a subpoena issued from such court or refusal to testify therein.
16 (g) The board shall have the power to appoint an executive director to
17 serve at the pleasure of the board. The executive director shall carry out
18 such administrative duties as delegated to the director by the board. The
19 board may, in its discretion, refuse, sustain or reverse, by majority vote,
20 any action or decision of the executive director. The executive director shall
21 be exempt from the provisions of chapter 53, title 67, Idaho Code, and shall
22 receive a salary that is fixed by the board.
23 (h) The board shall have the power to hire enforcement agents in order to
24 conduct investigations and enforce the provisions of this chapter. All
25 enforcement agents appointed by the board who are certified by the Idaho peace
26 officer standards and training advisory council, shall have the power of peace
27 officers limited to:
28 1. Enforcement of the provisions of this chapter.
29 2. Responding to express requests from other law enforcement agencies for
30 aid and assistance in enforcing other laws. For purposes of this section,
31 such a request from a law enforcement agency shall mean only a request as
32 to a particular and singular violation or suspicion of violation of law,
33 and shall not constitute a continuous request for assistance outside the
34 purview of enforcement of the provisions of this chapter.
35 (i) By August 1 of each year, the board shall provide to the director of
36 the department of fish and game, in a manner and form prescribed by the direc-
37 tor, the number of each species of big game taken in each management unit by
38 clients of licensed outfitters between July 1 of the immediately preceding
39 calendar year and June 30 of the current calendar year.
40 (j) The board shall by rule designate the number of deer or elk tags
41 allocated pursuant to section 36-408(4), Idaho Code, among the authorized
42 operating areas within the game management area, unit or zone.
43 SECTION 2. That Section 36-2113, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 36-2113. REVOCATION OR SUSPENSION OF LICENSE -- GROUNDS. (a) Every
46 license shall, by virtue of this chapter, be subject to suspension, revoca-
47 tion, probation or other restriction by the board for the commission of any of
48 the following acts:
49 1. For supplying false information or for failure to provide information
50 required to be furnished by the license application form for a license
51 currently valid or for other fraud or deception in procuring a license
52 under the provisions of this chapter.
53 2. For fraudulent, untruthful or misleading advertising.
3
1 3. For conviction of a felony.
2 4. For two (2) or more forfeitures of any deposits of money or collateral
3 with a court or administrative agency or for a conviction for violation of
4 regulations of the United States forest service or the bureau of land man-
5 agement.
6 5. For unethical or unprofessional conduct as defined by rules of the
7 board.
8 6. For conviction of any violation of any state or federal fish and game
9 or outfitting and guiding laws.
10 7. For a substantial breach of any contract with any person utilizing his
11 services.
12 8. For willfully (i) operating in any area for which the licensee is not
13 licensed, or (ii) engaging in any activity for which the licensee is not
14 licensed.
15 9. For the employment of an unlicensed guide by an outfitter.
16 10. For inhumane treatment of any animal used by the licensed outfitter or
17 guide in the conduct of his business which endangers the health or safety
18 of any guest or patron or which interferes with the conduct of his busi-
19 ness.
20 11. For failure by any firm, partnership, corporation or other organiza-
21 tion or any combination thereof licensed as an outfitter to have at least
22 one (1) licensed outfitter as designated agent conducting its outfitting
23 business who meets all of the qualifications and requirements of a
24 licensed outfitter.
25 12. For the failure to provide any animal used by the licensed outfitter
26 or guide in the conduct of his business with proper food, drink and
27 shelter, or for the subjection of any such animal to needless abuse or
28 cruel and inhumane treatment.
29 13. For failure of an outfitter to serve the public in any of the follow-
30 ing ways: (i) by nonuse of license privileges as defined by rules of the
31 board, (ii) by limiting services to any individual, group, corporation or
32 club that limits its services to a membership, or (iii) by not offering
33 services to the general public.
34 14. For violation of or noncompliance with any applicable provision of
35 this act chapter, or for violation of any lawful rule or order of the out-
36 fitters and guides board.
37 (b) For the purposes of this section, the term "conviction" shall mean a
38 finding of guilt, an entry of a guilty plea by a defendant and its acceptance
39 by the court, or a forfeiture of bail bond or collateral deposited to secure a
40 defendant's appearance, suspended sentence, probation or withheld judgment.
41 (c) In addition to the penalties imposed in this section, the board may
42 impose an administrative fine not to exceed five thousand dollars ($5,000), or
43 the administrative costs of bringing the action before the board including,
44 but not limited to, attorney's fees and costs of hearing transcripts, for each
45 violation of the provisions of this chapter.
46 (d) The jurisdiction and authority of the board pursuant to this section
47 and section 36-2114, Idaho Code, extend to any former licensee for a violation
48 of this section which occurred during the period of licensure.
49 SECTION 3. That Section 36-2117A, Idaho Code, be, and the same is hereby
50 amended to read as follows:
51 36-2117A. CIVIL PENALTY FOR VIOLATIONS. (a) The board or its designated
52 agent may commence and prosecute in district court a civil enforcement action,
53 including obtaining injunctive relief, against any person who is alleged to
4
1 have violated this chapter or any regulation rule promulgated pursuant to this
2 chapter. The board shall not be required to initiate or prosecute an adminis-
3 trative action before commencing and prosecuting a civil action.
4 (b) No civil proceeding may be brought to recover for a violation of this
5 chapter or any regulation rule promulgated pursuant to this chapter more than
6 two (2) years after the board had knowledge of the violation from the later
7 of: the date the violation occurred or the date of the criminal conviction
8 pursuant to section 36-2113, Idaho Code.
9 (c) The civil penalty for violation of the provisions of this chapter or
10 any regulation rule promulgated pursuant to this chapter shall not be less
11 than one hundred dollars ($100) nor more than exceed five thousand dollars
12 ($5,000) for each separate violation.
13 (d) Any person who is found to have violated any provision of this chap-
14 ter or any regulation rule promulgated pursuant to this chapter shall be
15 assessed the board's costs, including the reasonable value of attorneys' ser-
16 vices, for preparing and litigating the case.
17 (e) Fifty percent (50%) of all moneys collected under this section shall
18 be deposited with the state treasurer, and the state treasurer shall credit
19 the same to the Idaho outfitters and guides board account fund, and fifty per-
20 cent (50%) of the moneys shall go to the general account fund in the state
21 operating fund.
STATEMENT OF PURPOSE
RS 13070
The purpose of this legislation is to authorize the Outfitters
and Guides Licensing Board to obtain injunctive relief from the
District Court for violations of the Outfitters and Guides
Licensing Act, contained in Chapter 21, Title 36, Idaho Code.
This legislation also clarifies the authority of the Outfitters
and Guides Licensing Board to pursue administrative action
concerning a licensee whose license has lapsed. It also
restricts the scope of the two year statute of limitations on
civil actions filed by the board.
FISCAL IMPACT
There will be a minimal fiscal impact to the Licensing Board for
the costs incurred pursuing such actions. The Board has the
authority to partially recover costs if it is successful in those
actions.
Contact
Name: Rep. Mike Moyle
(208) 332-1000
Steve Tobiason
Phone: (208) 342-4545
STATEMENT OF PURPOSE/FISCAL NOTE H 295